Construction Dispute Resolution Framework Based on Extrinsic And Intrinsic Factors Influencing Arbitral Decision MakingAuthor : K. C. Iyer, N.B. Chaphalkar and Smita K. Patil
Volume 2 No.2 July-December 2013 pp 35-40
Occurrence of disputes is a common feature in construction contracts which result in time and cost overruns and further damages the relationships between the parties. If the parties to a dispute can predict the outcome of the dispute with some certainty, they are more likely to settle the matter out of court resulting in avoidance of expenses and aggravation associated with adjudication. The outcome of construction disputes are affected by a large number of complex and interrelated factors. Dispute settlement is mainly based on the facts of the case like conditions of the contracts; actual situations on site; documents presented during arbitral proceedings etc which are termed as intrinsic factors. It is also observed that though the case may be the same but it is interpreted differently at different levels. This suggests that there may be other factors related to the arbitrator’s characteristics and other psychology aspects further termed as extrinsic factor influencing decisions.. The paper focuses on the feasibility of the Artificial Intelligence approach in predicting the outcome of construction dispute and enlists the various extrinsic factors. The tool so developed would result in dispute avoidance to some extent and would reduce the pressure on judiciary.
Construction Disputes, Dispute Resolution; Intrinsic factors; Extrinsic factors; Artificial Intelligence Techniques.